On June 4, 2025, the White House issued two presidential proclamations that impose new constraints on visa issuance and travel to the United States. These actions are expected to impact multinational employers, academic institutions, and individuals from 19 designated countries.
Under Section 212(f) of the Immigration and Nationality Act (INA), the president has the authority to suspend the entry of any class of foreign nationals deemed detrimental to U.S. interests. In January 2025, the President tasked federal agencies, including the Departments of State, Homeland Security, Justice, and the Office of the Director of National Intelligence, with identifying countries lacking sufficient security vetting. The resulting interagency report is cited by the White House as forming the basis for these new restrictions.
Overview of Presidential Proclamations
- Proclamation No. 1: Nationality-Based Visa and Entry Suspension
Effective June 9, 2025
- Full Suspension of Immigrant and Nonimmigrant Visas:
Applies to nationals of Afghanistan, Burma (Myanmar), Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen.
- Partial Suspension (Immigrant + Specific Nonimmigrant Categories):
Applies to nationals of Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela. Affected nonimmigrant categories include B-1/B-2 (business/tourism), F (student), M (vocational student), and J (exchange visitor).
- Additional Directive:
U.S. consular officers are instructed to shorten the validity of non-restricted visa categories “to the extent permitted by law” for nationals of partially suspended countries. Specific implementation procedures are pending.
- Who Is Covered?
Foreign nationals from designated countries who are physically outside the United States and do not possess a valid visa as of June 9, 2025.
- Exceptions to Nationality-based ban:
Several categories of travelers remain exempt from these measures. The following individuals are not subject to the travel bans and may continue to enter the United States, provided they meet applicable criteria and carry appropriate documentation. U.S. lawful permanent residents (green card holders), individuals who hold dual citizenship, when they travel on a passport from a country not on the banned list, remain eligible to enter. Close family members, such as spouses and children of U.S. citizens or permanent residents, are also exempt if they can provide clear proof of their relationship. The full list of exceptions is provided in Section 4, paragraph B of the presidential proclamation.
- Proclamation No. 2: Harvard-Specific Visa Suspension and Entry of New F/M/J Applicants is Effective Immediately
- Suspends issuance of F, M, and J visas for any foreign national seeking to begin a course of study at Harvard University.
- Applies to individuals both inside and outside the United States.
- In effect for at least six months, with further review required.
- Directs the secretary of state to evaluate whether currently held F, M, or J visas for Harvard students should be revoked.
- Exceptions:
- The suspension does not apply to students attending other U.S. institutions under the Student Exchange Visitor Program (SEVP).
- Current F/M/J visa holders already in the U.S. at Harvard are not immediately affected, but the Secretary of State may, at the Secretary’s discretion, initiate visa revocations under existing INA authority.
- National interest exceptions may be granted by DHS or the State Department.
- Federal agencies are directed to consider restrictions on Harvard’s future participation in SEVP and SEVIS.
Implications for Employers
U.S. employers must take a proactive and strategic approach to managing global mobility. These new restrictions may impact your workforce if an individual is a national from one of the 19 designated countries that now face visa restrictions. Similarly, foreign nationals attending Harvard University may encounter disruptions and should contact their Designated School Official to stay informed and understand recent developments.
Employers are encouraged to be proactive to assess employee travel plans, ensure immigration documentation is current and accurate, and coordinate closely with counsel to mitigate potential disruptions. In today’s dynamic enforcement environment, early planning and clear communication are key to protecting business operations and supporting valued global talent.
Williams Mullen is closely monitoring the situation and will provide updates as further information becomes available.
